Background
Atiwbwe Keion Kaipat-Cabrera was charged with harassment constituting domestic violence. He pleaded guilty to simple harassment after admitting that he had subjected C, a family or household member, to offensive physical contact. He did not admit any specific details about that contact.
After the prosecutor described Kaipat-Cabrera’s conduct at the plea hearing, the trial court determined that the conduct constituted domestic violence and entered a judgment reflecting that designation. On appeal, Kaipat-Cabrera challenged the designation, arguing that his plea did not establish the additional facts necessary to prove domestic violence.
The Court’s Holding
The Oregon Court of Appeals agreed with the state’s concession that the domestic-violence designation was erroneous. Simple harassment requires intentionally harassing or annoying another person through offensive physical contact, but it does not require proof that the victim suffered physical injury.
Because Kaipat-Cabrera did not admit additional facts establishing “abuse”—including an attempt to cause or the causing of physical injury—his plea lacked a sufficient factual basis for treating the harassment as domestic violence. The court reversed and remanded the judgment in Case No. 24CR62247 for entry of an amended judgment omitting that designation, otherwise affirmed, and affirmed the probation-related judgment in Case No. 20CR52972.
Key Takeaways
- A guilty plea to simple harassment based on offensive physical contact does not, by itself, establish domestic violence under Oregon law.
- A domestic-violence designation requires admitted or proven facts satisfying the statutory definition of abuse, including attempted or actual physical injury.
- A prosecutor’s description of conduct at a plea hearing cannot supply necessary facts that the defendant did not admit as part of the plea.
Why It Matters
The decision underscores that Oregon courts must have a sufficient factual basis for every component of a conviction reflected in the judgment, including a domestic-violence designation. The relationship between the defendant and victim, coupled with an admission to offensive physical contact, is insufficient without facts establishing statutory abuse.
The opinion is a nonprecedential memorandum opinion under ORAP 10.30 and may be cited only as that rule permits.